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HomeMy WebLinkAboutVI (E3c) Second Reading of Ordinances: Wood; Ordinance No. 2000-09, Wood Initial Zoning Case (Case No. AR-00-11-0) Agenda 3-07-2000 Item VI E 3c "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" IVIA T OK• vMMISSIONER Ocoee S. SCOTT VANDERGRIFT 0\ CITY OF OCOEE COMMISSIONERS pr 1 150 N. LAKESHORE DRIVE DANNY HOWELL `v O OCOEE, FLORIDA 34761-2258 SCOTT ANDERSON RUSTY JOHNSON ?" (407)656-2322 NANCY J.PARKER k�OF 40�N> CITY MANAGER ELLIS SHAPIRO STAFF REPORT DATE: February 1, 2000 TO: The Honorable Mayor and City Commissioners FROM: Kirsten McGinnis, Senior Planner lay THROUGH: Russ Wagner, AICP, Director of Planning SUBJECT: Wood Initial Zoning (Case No. AR-99-11-02)0r��rm `' t 1 L,. ISSUE: Should the Mayor and City Commissioners adopt Ordinance Number 2000-10 to rezone the subject property from Orange County A-2, Ranch and Farmland Rural District, and establish an initial zoning of Ocoee C-3, General Commercial District? BACKGROUND: The subject property is located west of Ocoee-Apopka Road and north of Palm Drive (refer to Exhibit B, Ordinance Number 2000-10). The subject property comprises approximately 1.02 acres and is proposed to be developed as an automotive repair shop, if the initial zoning is approved. DISCUSSION: The subject property is designated High Density Residential (8-16 du/acre) on the City Future Land Use Map; However, a Commercial Land Use is specified on the Joint Planning Area Map. The applicant has requested a Small Scale Comprehensive Plan Amendment (SSCPA) to change the Future Land Use designation from High Density Residential to Commercial. The SSCPA will be processed concurrently with the Annexation and Initial Zoning Petition. If the SSCPA is approved, the requested C-3, General Commercial District zoning would be consistent with the Commercial Future Land Use designation. 6k_ POWT, Protect Ocuee's Water Resources Page 2 Honorable Mayor and City Commissioners February 1, 2000 The Comprehensive Plan lists several zoning districts that are consistent with the Commercial Land Use designation; P-S (Professional Offices and Services), C-1 (Neighborhood Shopping), C-2 (Community Commercial) and C-3 (General Commercial). Since the subject property fronts Ocoee-Apopka Road (an arterial roadway) and has Ocoee C-2 zoning to the south and Ocoee I-1 (Light Industrial) to the north and southeast, it is appropriate for the applicant to request a transitional zoning classification for the subject property, consistent with the character of the area (see attached Table 5-2 of the LDC). Staff has determined that the requested zoning classification is consistent with the (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area Agreement with Orange County; and (5) surrounding land uses and zoning classifications, subject to the SSCPA becoming effective. More specifically, the request is consistent with the Future Land Use Element of the Comprehensive Plan: (a) Goal 1; (b) Objective 1; (c) Policy 1.1; (d) Policy 1.5; (e) Policy 1.6; (f) Objective 2; and (g) Policy 2.4 (attached). PLANNING & ZONING MEETING: On January 26, 2000, the Planning and Zoning Commission held a public hearing to consider the Wood initial zoning. No one spoke in favor or opposition to the request. The Planning and Zoning Commission unanimously recommended approval of the initial zoning request. STAFF RECOMMENDATION: Based on the recommendation of the Planning and Zoning Commission, Staff respectfully recommends that the Mayor and City Commissioners adopt Ordinance Number 2000-10, rezoning the subject property from Orange County A-2, Ranch and Farmland Rural District, to Ocoee C-3, General Commercial District, and find the initial zoning is consistent with the (1) Comprehensive Plan; (2) Future Land Use Map; (3) Land Development Code; (4) Joint Planning Area Agreement with Orange County; and (5) surrounding land uses and zoning classifications, subject to approval of the Annexation, execution of an Annexation Agreement and the SSCPA becoming effective. Attachments: Ordinance Number 2000-10 Table 5-2 LDC Goals Objectives and Policies O:\CALEXANDERWLL_DATA\CAPDFILE\Staff Reports\2000CCSR\SR00025.doc ORDINANCE NO. 2000-10 CASE NO. AR-99-11-02: WOOD AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-2, RANCH AND FARMLAND RURAL DISTRICT, TO OCOEE C-3, GENERAL COMMERCIAL DISTRICT, ON CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 1.02 ACRES LOCATED ON THE WEST SIDE OF OCOEE-APOPKA ROAD, NORTH OF PALM DRIVE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission"), has as of the date of adoption of this Ordinance, annexed into the corporate limits of the City of Ocoee, Florida certain real property now located in the City of Ocoee, Orange County, Florida as hereinafter described; and WHEREAS, the owner or owners (the "Applicant") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have submitted an application to the City Commission to rezone and establish an initial zoning classification for said real property of Ocoee, C-3, General Commercial District (the "Initial Zoning"); and WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Initial Zoning requested by the Applicant will be consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91- 28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan") subject to a Comprehensive Plan Amendment adopting a Future Land designation of Commercial (the "Comprehensive Plan Amendment ") becoming effective; and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement (the "JPA Agreement") which affects the future land use of the real property hereinafter described; and WHEREAS, pursuant to the provisions of Section 6(B) of the JPA Agreement, the City has the authority to establish an initial zoning for the lands herein described and to immediately exercise municipal jurisdiction over such lands for the purposes of Part II of Chapter 163, Florida Statutes; and WHEREAS, said Initial Zoning application was scheduled for study and recommendation by the Planning and Zoning Commission of the City of Ocoee, Florida (the "Planning and Zoning Commission"); and WHEREAS, the Planning and Zoning Commission has held a public hearing and reviewed said Initial Zoning application for consistency with the Ocoee Comprehensive Plan and the JPA Agreement and determined that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan, subject to the Comprehensive Plan Amendment becoming effective, and the JPA Agreement and is in the best interest of the City and has recommended to the Ocoee City Commission that the zoning classification of said real property be "C-3, General Commercial District" as requested by the Applicant, and that the Ocoee City Commission find that the Initial Zoning requested by the Applicant is consistent with the Ocoee Comprehensive Plan and the JPA Agreement; and WHEREAS, the Ocoee City Commission has held a de novo public hearing with official notice thereof and with respect to proposed Initial Zoning of said real property; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3)(a), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, and Chapters 163 and 166, Florida Statutes. SECTION 2. INITIAL ZONING. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land containing approximately 1.02 acres located within the corporate limits of the City of Ocoee, Florida, is hereby changed from "Orange County A-2, Ranch and Farmland Rural District" to "Ocoee, C-3, General Commercial District": SEE EXHIBIT "A" (METES AND BOUNDS LEGAL DESCRIPTION) ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 3. MAP. A map of said land herein described which clearly shows the area of Initial Zoning is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. SECTION 4. COMPREHENSIVE PLAN and JPA CONSISTENCY. The Ocoee City Commission hereby finds the Initial Zoning of the lands described in this Ordinance to be consistent with the Ocoee Comprehensive Plan, subject to the Comprehensive Plan Amendment becoming effective, and with the JPA Agreement. SECTION 5. OFFICIAL ZONING MAP. The City Clerk is hereby authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Initial Zoning enacted by this Ordinance and the Mayor and City Clerk are hereby authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. INCONSISTENT ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed and rescinded. SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon the effective date of the associated Small Scale Comprehensive Plan Amendment, Wood, Case Number SSCPA-99-003, approved by Ordinance Number 2000-09. PASSED AND ADOPTED this day of , 2000. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA JEAN GRAFTON, CITY CLERK S. SCOTT VANDERGRIFT, MAYOR (SEAL) ADVERTISED: FEBRUARY 24, 2000 READ FIRST TIME: FEBRUARY 15, 2000 READ SECOND TIME AND ADOPTED: UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 2000. FOLEY & LARDNER By: City Attorney \\POLICE FIRE1\PLANNING\KMCGINNIS\ALL DATA\ANX-REZ\ACTIVE\NEW AX-IZ\D.WOOD\DRAFTORDRZ2.DOC t------ S .ETCH OF DESCR 3TION 1:1-2ti.. - a DESCRIPTION II- 1ct-c11 Tom, • BEGIN AT A POINT ON THE QUARTER SECTION LINE, 1068.98 FEET SOUTH OF THE NORTH 1/4 CORNER OF SECTION 18, TOWNSHIP 22 SOUTH, RANGE 28 EAST, ORANGE COUNTY, FLORIDA; THENCE CONTINUE SOUTH 224.62 FEET; THENCE RUN S 89'04'55" VI 228.00 FEET; THENCE RUN NORTH 224.62 FEET; THENCE RUN N 89'04'55" E 228.00 FEET TO THE POINT OF BEGINNING. LESS 30.00 FEET FOR ROAD RIGHT-OF-WAY. 44,475 SQUARE FEET OR 1.02 ACRES MORE OR LESS NORTH 1/4 CORNER N SEC. 18-T22S-R28E -J NOT PLATTED o rn co co 1n — D; LJ CC j O Q N 89'04'55* E 228.00' DESC QC 30' 198.00' �h i tat m W r cia 1 [_., 0 U CI" 0 oq I � czi IN ct) q o E. tp ' '-1 IN NN L..) cocc 4 N Y N I. (V o o 0 z 0 U 0 1 198.00' 430' S 89'04'55' W 228.00' DESC I THIS SKETCH IS NOT A BOUNDARY SURVEY. REYISIQNS DATE: NOV. 12. 1999 PREPARED FOR: DARLENE WOOD A 4 2 FA4IPC FTR11fT1 F PAF�4 nN. PCrfF - APFPKA RRAO, _ AVN LEGEND cA:C- CM.WAVED COW -cc,ccrrr xoa wAu MS SKETCH MCCTS THF. 'YfN:Y.UM TECHNICAL co - o UPC FENCE C„ -Ca.C>,ctt„o,+c..,[rrr 70 5 Gros'AS.RE, Km BY�7NATER lict7STATUTES. 6.S. dr(��/��� fig/�� 0 - M'rilT - A Y Ft.AARITA 80..4R0 OF IN+) soay.roRs. PURSUANT cr -_CONCRETE'PAD CC - CCACRE E ASOI+� TO SECTION 472.027 OF THE FLORt61 STATUTES. G C[T/THi £ Va - MCC Of Ruc„c„T ITE _ o noon rlcvATVS o� Orlando Inc., LB 4475 - „ WS _MKT C�f „u - 0030K0 2012 E. Robinson Si. PC _ro rr` CCURUKTwr PA.r -ON &wu u co ree1,lK O RAYMON oLj 4007 nr/nrf rin Florida 32803 °qB - PONT°' ''MAC IVW -A1urrr0,WY Zoning Map • City of Ocoee, Florida ' • Wood Rezoningto 6. n -.. gL Orange County A-2 to Ocoee C-3 ,o, o V re LEGEND Y I' I Subject Property $. A/City Limits Zoning d A-1, General Agriculture R-1A I-1 A-2, Suburban IIII o PUD-Low Density Residential I i ] R-1AAA, Single Family Dwelling N Subje.,t Property0 R-1AA, Single Family Dwelling —R-1A, Single Family Dwelling / A-2 R-1, Single Family Dwelling am� R-1 ] RT-1, Mobile Home Subdivision District ,!., +.�� C+ 2 I-1 ] ar:,...._ R 2, One and Two Family Dwelling `�'�� ' •�,j • PUD-Medium Density Residential •nI�''� •� d R-3 Multi Family Dwelling j ilk''•� 4 a�• �b jj I < J Y 9 j � � �� � j — _/ PUD-High Density Residential ���� ��g e :. I ] P-S, Professional Offices and Services ' y 0. all 4 C 1, Neighborhood Shopping e / i C-2, Community Commercial / i!it C2 at Mil ,� a -_____ V I-2,General Industrial / Hydrology Orange County-outside Ocoee / f, 'l' ] I Unclassified ///`/. !,:: ';„,;; H TABLE 5-2 MINIMUM ZONING DESCRIPTIONS ON PERMITTED USES MINIMUM ZONING DESCRIPTIONS MINIMUM MINIMUM MINIMUM MAXIMUM MINIMUM LOT FRONT SIDE REAR BUILDING MAXIMUM MAXIMUM MINIMUM SIZE BUILDING BUILDING BUILDING MINIMUM 6FTE IMPERVIOUS BUILDING •LIVING USE/ACTIVITY SETBACK SETBACK SETBACK LOT WIDTH COVERAGE SURFACE HEIGHT AREA AGRICULTURAL USES A-1,Agricultural 1 ACRE 35 FT 15 FT 50 FT 150 FT 40% 50% 35 FT 1,000 SF A-2,Suburban %ACRE 35 FT 15 FT 40 FT 125 FT 40% 50% 35 FT 1,000 SF RESIDENTIAL USES RCE-1 %ACRE 35 FT 15 FT 40 FT 150 FT 40% 50% 35 FT 1,800 SF RCE-2 1 ACRE 35 FT • 15 FT 40 FT 125 FT 40% 50% 35 FT 2,000 SF R-1,Single Family I 7,000 SF 25 FT 7.5 FT 25 FT 70 FT 40% 50% 35 FT 1,000 SF R-1A,Single Family 8,000 SF 25 I=I. 7.5 FT 25 FT 70 FT 40% 50% 35 FT 1,200 SF R-IAA,Single Family 9,000 SF 25 FT 7.5 FT 30 FT 75 FT 35% 50% 35 FT 1,400 SF R-1AAA,Single Family 10,000 SF 30 FT 7.5 FT 35 FT 85 FT 35% 50% t 35 FT 1,600 SF R-2,Single Family 7,000 SF 25 FT 6 FT 25 FT 70 FT 40% 50% 35 FT 1,000 SF R-2,Two Family Dwelling 7,500 SF 25 FT 6 FT 25 FT 75 FT 55% 70% 35 FT 650 SF R-3,Single Family 7,000 SF 25 FT 7.5 FT 25 FT 70 FT 35%9gii 76%50°/y 35 FT 1,000 SF 650 SF PER R-3,Duplexes 7,500 SF 25 FT 7.5 FT 25 FT 75 FT 40% 80%70°4 35 FT UNIT 650 SF PER UNIT+200 SF • EACH BEDROOM R-3,Three/Four Family 10,000 SF 25 FT 10 FT 30 FT 85 FT 40% 80%70% 35 FT OVER TWO 10,000 SF i 4,000 650 SF PER SF PER/DU IN UNIT+200 SF EXCESS OF 4/2 EACH BEDROOM R-3,5 or More Family 25 FT 10 FT 30 FT 85 FT 40% 80%70% 35 FT OVER TWO (1-2 Stories) 10,000 SF+2,500 6ti0 SF PER SF PER/DU IN UNIT+200 SF EXCESS OF 4/3 EACH R-3,5 or More Family Dwelling BEDROOM (3 or more stories) 35 FT 10 FT 40 FT 85 FT 30% 80%70°/q 35 FT(2) OVER TWO TABLE 5-2 MINIMUM ZONING DESCRIPTIONS ON PERMITTED USES111 MINIMUM ZONING DESCRIPTIONS MINIMUM MINIMUM MINIMUM MAXIMUM MINIMUM LOT FRONT SIDE REAR BUILDING MAXIMUM MAXIMUM MINIMUM SIZE BUILDING BUILDING BUILDING MINIMUM 61TE IMPERVIOUS BUILDING LIVING USE/ACTIVITY _ SETBACK SETBACK SETBACK _ LOT WIDTH COVERAGE SURFACE HEIGHT AREA RT-1,Mobile Home Subdivision District (Min. 10 Ac.) 7,000 SF 20 FT 7.5 FT 20 FT - 40% 50% 35 FT COMMERCIAL USES PS,Professional Offices 10,000 SF 25 FT 10 FT 25 FT &Services District 100 FT 68%5Q°� 88%70°/q 35 FT C-1 '14,000 SF 25 FT 25 FT when 30 FT ° - required 64%34!° 87o°/r+ 35 FT C-1,Single Family f 25 FT 6 FT 25 FT °- 6�Q� 89%50°6 45 FT C-2 - 25 FT 10 FT 20 F t - 68% 1;)% 80%70°% 45 FT C-3 - • 25 FT 10 FT 20 FT - 68%30% 80%70% 45 FT INDUSTRIAL USES s I-1 - 35 FT "10/20 10 FT - WA o 809670°k 45 FT 1-2 - 35 FT —10/20 10 FT - 50% 88%70% 45 FT 6PEGIAL—APPLIGATION --- ° 1316TRIGT6 PUD,PLANNED UNIT DEVELOPMENT (See Arilcle IV) "Retail stores and shops and personal service establishments which do not exceed fourteen thousand(14,000)square feet of gross floor area and which supply the regular and customary needs of tha residents of the neighborhood and which are primarily for their convenience. "Side yards. No building or open storage shall be located closer than ten(10)feet to one side lot line and twenty(20)feet to the other side lot line unless a special exception is granted by the City Commission. • A:12RVTBL5-.WPD GOAL TO PROMOTE, PROTECT, AND IMPROVE THE PUBLIC HEALTH, SAFETY, GENERAL WELFARE, AND AESTHETICS THROUGH THE PROVISION OF APPROPRIATE LAND USES BY ESTABLISHING AN APPROPRIATE PATTERN OF LAND USE AND DIRECTING DEVELOPMENT ACCORDINGLY. Objective 1 By 1992 , the development of land shall be regulated to ensure that newly developed property and redeveloped property is compatible meaning, not in direct conflict with uses with regards to specific zoning categories, density and intensity) with adjacent uses and natural features and resources including topography, vegetation, and soil conditions . Policy 1. 1 The City shall review, through the development review process, all plans for development and redevelopment to ensure their compatibility with adjacent uses. Policy 1 . 15' Pursuant to Section 8 of the JPA Agreement, the Ocoee Future Land Use designations shown on the Revised Future Land Use Map (Figure 2) will not become effective until such time as annexation occurs . Upon annexation, no Future Land Use Map Amendment will be required since the proposed uses of land are consistent with those shown on the JPA Land Use Map (see Exhibit B of Appendix E) . However, Ocoee will initiate a Comprehensive Plan Amendment to reflect the annexation at the next cycle. Policy 1. 16 The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement and exercise Planning authority pursuant thereto. Objective 2 To provide adequate services and facilities to newly developed or redeveloped property and to protect the ability of those services and facilities to function properly. These services and facilities shall be provided in an economically feasible manner, as outlined in the Infrastructure Element Subelements, and shall be provided in a manner to discourage urban sprawl . Policy 2 .4 ' By 1992, the City shall allow only land use patterns and development that can be efficiently provided with necessary public services. This shall be regulated through the Concurrency Management System as described in the Capital Improvements Element of this Comprehensive Plan.